Treaty of Accession

The Treaty of Accession has been concluded between the existing fifteen Member States of the European Union and ten countries, including the Czech Republic. From 1st May 2004, the foreseen date of accession, new Member States become subject to European Community law ("EC law") and are required to implement existing EC law. The Act of Accession attached to the Treaty of Accession refers to annexes and protocols, all of which form an integral, and equally binding, part of the Treaty of accession. Declarations and exchange of letters appended to the Treaty of Accession are not legally binding.

Annexes to the Act of Accession may be generally applicable, such as for example, most of Annex II, Annex III and Annex IV, regarding adaptations of EC law, or may contain transitional measures specific to one country, such as Annex V for the Czech Republic. There are ten Protocols dealing each with specific matters, such as the restructuring of the Czech steel industry (Protocol 2).

The Act of Accession also provides for specific procedures regarding state aid (in particular Annex IV, section 3 "Competition law").

Separately, it contains a safeguard clause enabling the Commission to take, under certain conditions, "appropriate measures" if a new Member State causes a "serious breach of the functioning of the internal market" or "a risk of such breach" as a result of failing to implement EC law (Article 38). Conversely, a new Member State may, in duly substantiated cases apply before 1st May 2004 for "temporary derogations" from EC law adopted between 1st November 2002 and the date of signature of the Treaty of Accession (16 April 2003) (Article 55).